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Poster: billymays55 Date: Aug 14, 2012 6:17pm
Forum: feature_films Subject: The Eagle Has Landed (1976)

Yes I know it has a valid notice and Alpha doesn't sell it but I can't seem to find a registration.

In my search I can not find a registration for this film, can somebody else verify this or am I missing something?

Thank you very much......

And for the record before anybody tries to be smart:

I don't believe in the whole "all it needs is a valid copyright notice and it doesn't need to be registered after 1964" thing.

Companies like Brentwood, Digiview, Mill Creek, Reel Entertainment, Miracle Productions, blah blah blah, etc. etc etc have released movies that were never registered but have valid copyright notices for years.

Bottom line is if the copyright holder never registered the movie with the USCO they can not pursue damages or defend themselves in court.



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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Aug 14, 2012 8:54pm
Forum: feature_films Subject: Re: The Eagle Has Landed (1976)

"Bottom line is if the copyright holder never registered the movie with the USCO they can not pursue damages or defend themselves in court."

This is a bit of a misconception. The lack of registration does not make the work "public domain" or free from copyright. It simply makes it free to use under certain circumstances. It is true that a copyright owner is unable to seek punitive damages or costs against any party who makes unauthorized use of the work prior to registration. They can seek actual damages on such use, however.

While registration is the preferred basis for a claim of copyright, courts have the ability to accept other facts or documentation that substantiates the existence of a copyright and do not have to solely rely on a registration to validate a claim. Implementation of Berne has seen all copyrights on works published between 1964 and 1977 converted to statutory copyright regardless of whether the work was published or registered. The statutory copyright exists automatically for works published 1978 and later (except those published before March 1989 without notice and registration within 5 years of publication.) The lack of a registration does not limit the copyright owner's access to the DMCA take down process, nor does it invalidate a DMCA or Cease and Desist request.

The catch when using unregistered works is that the copyright owner is free to register the work at any time during the copyright term. This means that a user can be using the work with limited potential of penalty one minute and then the owner registers the work and suddenly the user is liable to actual damages for the period of use before registration and punitive damages because the work has continued to be exploited into the period of registration. It is potentially expensive area to get into. The companies that do it are usually heavily indemnified for the risk.

Also, keep in mind that companies like all of those you listed do own and license copyrights in addition to exploiting the public domain. There are also many owners and administrators of copyright film catalogs that offer parallel (or non exclusive) licensing of their works, in the same way that budget music master catalogs do. Many films have been mistaken for public domain because their owners entered non-exclusive home video agreements with a number of budget labels.

The Eagle Has Landed was registered. The registration appears on p. 184 of the 1977 catalog of motion picture copyright entries.

LP50807.
The Eagle Has Landed. ITC Entertainment, Ltd. Released by
Columbia Pictures. 123 min., sd., color, 35 mm. Based on
the novel by Jack Higgins. (c) ITC Entertainment, Ltd.;
25Mar77 (in notice: 1976); LP50807.

This post was modified by Video-Cellar on 2012-08-15 03:54:17

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Poster: billymays55 Date: Aug 14, 2012 9:25pm
Forum: feature_films Subject: Re: The Eagle Has Landed (1976)

How do I access the Catalog of Motion Picture Copyright Entries online for 70-77?

I would like you to name one film that was never registered but was licensed to a bunch of non-exclusive budget labels?

If they owned it in the first place they would have registered it to begin with and been able to prove they can license it.

What are these companies going on then when they license it....???? There honest oral word that they are the rightful copyright holder?

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Aug 15, 2012 12:55am
Forum: feature_films Subject: Re: The Eagle Has Landed (1976)

Those catalogs of copyright entries are in the texts section of the archive. There's no cumulative volume, just separate annual volumes:

1970
http://archive.org/details/catalogofc19703241213libr

1971
http://archive.org/details/catalogofc19713251213libr

1972
http://archive.org/details/catalogofc19723261213libr

1973
http://archive.org/details/catalogofc19733271213libr

1974
http://archive.org/details/catalogofcopyrig3281213li

1975
http://archive.org/details/catalogofcopyrig3291213libr

1976
http://archive.org/details/1976motionpictur3301213libr

1977
http://archive.org/details/1977motionpictur3311213libr

1978
http://archive.org/details/catalogofcopyrig14libr

I wasn't specifically talking about unregistered films that have been licensed to multiple labels. I am talking about films in general that have been licensed in that way and have consequently been misidentified as public domain because of it. These films include examples such as "Day of the Triffids" and "God's Little Acre" which were registered and renewed by their owner, but where licensed to multiple small labels concurrently in the early days of video, which created the impression in the market that the films were public domain. The same can be said for the Burbank Films animation catalog, many of Crown Picture's films and films from the MPH/Security Pictures catalog.

You don't need a registration to prove you have the right license a copyright work. The licensor being the company who's name appears in the copyright notice, or having that company's written authorization to act as licensor, is generally enough proof of due diligence for most insurance companies who indemnify video labels against losses related to copyright infringement claims.

This post was modified by Video-Cellar on 2012-08-15 07:49:39

This post was modified by Video-Cellar on 2012-08-15 07:55:58

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Poster: katieq Date: Aug 15, 2012 3:46am
Forum: feature_films Subject: Re: The Eagle Has Landed (1976)

greetings im new to this forum, mr. video cellar you seem to know alot about copyright laws, could you please answer my question?

here is my question

if a film was registered in April, 2nd 1930 and renewed on August 7th, 1957. By what I understand is totally valid

BUT......the in-notice reads 1931.

1931 + 27 years = 1958

So going by the in-notice the renewal window would be from April, 2nd 1958 all the way to April, 2nd 1959 right?

Does it matter if the in-notice is later than the registration? or do you go by the registration date?

any help would be much appreciated as I'm new to all of this.

Thanks,

Katieq

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Aug 15, 2012 2:10pm
Forum: feature_films Subject: Re: The Eagle Has Landed (1976)

It comes down to whether the film was registered as a published or unpublished work. If it was registered as a published work (it will have an Lp registration number) the renewal window is calculated on the date-in notice. It is possible for a work registered unpublished (it would have an Lu registration number) to be renewed based on registration date.

If it was registered as a published work, you need to consider that the title card or copyright notice that is on modern releases of the film may not be in its original form. Sometimes these details are inadvertently changed when the film is reissued at a later date. Changes made after the fact have little influence on the validity of the original copyright.

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Poster: katieq Date: Aug 16, 2012 7:53pm
Forum: feature_films Subject: Re: The Eagle Has Landed (1976)

Mr. Video Cellar

here is exact specifics of a movie with same situation I asked about

Frontier Gal (1945)

Registered November 29th, 1945 as an LP so it would be published

Renewed June 8th, 1973

Copyright Notice on film says 1946

Going by the in-notice the renweal window would be

November 29th, 1973 to November 29th, 1974 and it was renewed on June 8th, 1973 which is invalid and does not fall in the renewal window.

Am I understanding this correctly? your input would be very helpful
thanks

Katieq

This post was modified by katieq on 2012-08-17 02:53:41